ORS 809.535
Suspension of commercial driver license for specified rail crossing violations
(1)
The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driving privileges upon conviction of any of the following offenses:(a)
Failure to stop for a railroad signal in violation of ORS 811.455 (Failure to stop for railroad signal).(b)
Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460 (Failure to follow rail crossing procedures for high-risk vehicles).(c)
Obstructing a rail crossing in violation of ORS 811.475 (Obstructing rail crossing).(d)
Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment in violation of ORS 811.462 (Failure of operator of commercial motor vehicle to slow down and check tracks).(2)
Upon receipt of a record of conviction for an offense described in subsection (1) of this section, the Department of Transportation shall suspend the convicted person’s commercial driving privileges for the following periods of time:(a)
Sixty days if:(A)
The conviction is the person’s first conviction of an offense described in subsection (1) of this section; or(B)
The date the person committed an offense described in subsection (1) of this section is not within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction.(b)
One hundred and twenty days if:(A)
The conviction is the person’s second conviction of an offense described in subsection (1) of this section;(B)
The date the person committed the second offense is within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction; and(C)
The convictions arose out of separate incidents.(c)
One year if:(A)
The conviction is the person’s third or subsequent conviction for an offense described in subsection (1) of this section;(B)
The date the person committed the latest offense is within three years of the dates the person committed two or more other offenses, as described in subsection (1) of this section and for which there were convictions; and(C)
The convictions arose out of separate incidents.(3)
A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension under this section.(4)
A report of a conviction in another jurisdiction of an offense described in subsection (1) of this section has the same effect as if the conviction had occurred in this state.(5)
A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510 (Conviction of crime), 809.525 (Serious traffic offenses) or 809.530 (Violation of out-of-service order) if the suspensions do not arise out of the same incident. [Formerly 809.407; 2013 c.237 §18; 2017 c.176 §6]
Source:
Section 809.535 — Suspension of commercial driver license for specified rail crossing violations, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
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